The 2015 SUPPLEMENT to THE CONSTRUCTION AGREEMENT 2010

Transcription

1 November 00 March 06 The 05 SUPPLEMENT to THE CONSTRUCTION AGREEMENT 00 In this supplement, changes and additions agreed during the period November 00 until August 05 are presented as amended between The Swedish Construction Federation (BI) and The Swedish Building Workers' Union (Byggnads) The complete agreement consists of the Construction Agreement 00 and this supplement (which replaces previous supplements) This is a translation of the Swedish text. The Swedish text is the original and shall prevail

2 TABLE OF CONTENTS TABLE OF CONTENTS... REGISTRATION OF WORKPLACE, INFORMATION AND ASSISTANCE... 4 RIGHT TO ASSISTANCE... 4 WORKING HOURS... 4 REGULAR WORKING HOURS The length and planning of working hours Individual agreement on working hours Regular working hours for cleaning staff... 4 PLANNING OF WORKING HOURS BETWEEN 4.00 AND COMPENSATORY LEAVE... 5 WAGE TERMS AND CONDITIONS Special terms and conditions for diving work Wage form for diving operations Wages for diving work for divers who complete industrial training Wage according to training and occupational certificate Diving supplement in connection with underwater work Diver attendant Transitional provisions Wage table basic wage Wage terms and conditions for apprentices Upper secondary school education Youth apprentices Adult apprentices Apprentices in companies with particular business specialisation (excluding floor laying) Upper secondary school education Adult training Adult training scaffold builders Machine operators Upper secondary school education Adult training... 4 CERTAIN ABSENCE AND TIME OFF... PARENTS ALLOWANCE... 7 RIGHT TO LEAVE... 8 REDUCTION IN WORKING HOURS Earning year... 6 TRAVEL ALLOWANCE AND DAILY ALLOWANCE FOR EXPENSES... (8)

3 TRAVEL ALLOWANCE FOR DAILY JOURNEYS.... Daily allowance for expenses NEGOTIATING PROCEDURE IN LEGAL DISPUTES Legal dispute regarding wages or occupational liability in certain cases... 4 ADMINISTRATIVE RULES SUPPLY OF FREE OVERALLS... 4 THE PERIOD OF VALIDITY OF THE AGREEMENT ETC VALIDITY AND NOTICE OF TERMINATION Period of validity of the Construction Agreement Notice of termination Premature termination... 5 PROPOSAL FOR AMENDMENTS TO THE AGREEMENT... 5 APPENDIX A SPECIAL RULES FOR BORROWING AND LOANING OUT WORKERS BETWEEN COMPANIES... 5 SCOPE SHORT-TERM BORROWING AND LOANING OUT LOANING OUT BORROWING... 6 APPENDIX A4 SPECIAL RULES FOR HIRING AND HIRING OUT LABOUR BETWEEN COMPANIES... 6 FORMS OF EMPLOYMENT... 6 APPENDIX D SECTOR AGREEMENT ON RULES OF APPLICATION IN RESPECT OF SECTIONS 8-40 CO-DETERMINATION IN THE WORKPLACE ACT (976:580) (MBL) 6 4. Control of subcontractors and staffing companies CHAINS OF CONTRACTORS AND MAIN CONTRACTOR RESPONSIBILITY 7 APPENDIX K WORKING ENVIRONMENT AGREEMENT... 8 CO-OPERATION IN COMPANIES Working environment activities and overall responsibility Discussions on working environment questions Medical examination... 8 APPENDIX L SPECIAL TERMS AND CONDITIONS FOR DIVING WORK... 8 (8)

4 REGISTRATION OF WORKPLACE, INFORMATION AND ASSISTANCE RIGHT TO ASSISTANCE When an employer or team of workmen and/or a worker is a party under this agreement, and when so stipulated in the Co-determination in the Workplace Act (MBL) or other legislation, the employer or team of workmen and/or a worker have a general right to assistance from their organisation. WORKING HOURS REGULAR WORKING HOURS. The length and planning of working hours Regular working hours are 40 hours per ordinary working week (excluding breaks). The employer and representative for the team of workmen may reach agreement on the planning of working hours for each individual workplace and/or part of a workplace. Such agreement shall be in writing and may be reached at the earliest when such representative has been appointed. The regular working hours may be planned, from Monday to Sunday, with start not earlier than and end not later than The working hours may be arranged as above with 40 hours per week on average calculated over a four-week period (total 60 hours). If an agreement on regular working hours has not been reached with the team of workmen, the working hours are in accordance with the provisions in item.4.. Individual agreement on working hours The above provisions do not prevent the employer and individual worker from reaching an individual agreement on planning other regular working hours for the worker. Such agreement on individual working hours may be of a temporary nature or apply until further notice and may be planned from Monday to Sunday between and An individual agreement on working hours shall be in writing if it applies for a period of four weeks or more. An individual agreement on working hours may be terminated subject to one month's notice, provided the parties concerned have not agreed otherwise. Notice of termination shall be in writing. In connection with the placing of a worker with individual working hours in a performance pay workplace, the employer shall confer with the team of workmen, with the aim of finding a solution based on mutual agreement, provided that the worker's working hours deviate by more than one hour per day from the regular working hours agreed at the workplace..5 Regular working hours for cleaning staff In the case of cleaning staff, notwithstanding the provisions of, another agreement may be reached between the employer and the worker concerned regarding the length and planning of the regular working hours and the degree of employment of the worker. The regular working hours may be planned, from Monday to Sunday, with start not earlier than and end not later than Such agreement shall be in writing. PLANNING OF WORKING HOURS BETWEEN 4.00 AND The employer and the local branch may reach an agreement on the planning of working hours between 4.00 and for an individual workplace and/or part of a workplace. Such agreement may relate to a period of not more than one month. Thereafter, agreement is required between the central parties. The following work during the construction of a power station may, after discussions with the local branch, be conducted at night when needed: 4(8)

5 ) Concrete casting and therewith connected work, to the extent that the casting for technical reasons must continue without interruption. ) Protective work, which for example relates to pumping, night watch services and observation services. ) Machine repairs which are necessary in order to avoid work disruptions. 4) Excavation work involving machinery with a bucket of at least m. 7 COMPENSATORY LEAVE Workers may save overtime and take out the overtime as time off (compensatory leave) instead of overtime pay, if it can take place without difficulty for the operations. The compensatory leave is planned after agreement between the worker and the employer. The worker receives compensatory leave as follows: Overtime Overtime A Overtime B Overtime C Overtime D Time off One hour overtime =. hours of compensatory leave One hour overtime =.5 hours of compensatory leave One hour overtime =.7 hours of compensatory leave One hour overtime = hours of compensatory leave In the event of compensatory leave, hourly-paid workers receive their agreed hourly wage on the withdrawal date, including the outcome of the variable wage portion, for the performance wage as well as the hourly wage. For monthly-paid workers, no deduction is made in the event of compensatory leave. Overtime which has been worked during the overtime period applied by the employer and which has not been taken out as compensatory leave during the overtime period shall be compensated with overtime pay. Such overtime pay shall be paid out not later than the first wage payment opportunity, which occurs closest to the end of the overtime period, unless the employer and worker have agreed otherwise. The overtime pay shall be calculated on the worker's current wage per hour at the end of the overtime period. In the event that the worker is temporarily dismissed at the end of the overtime period, the overtime pay shall instead be calculated on the last current wage for time worked. WAGE TERMS AND CONDITIONS 4.6 Special terms and conditions for diving work 4.6. Wage form for diving operations Companies that conduct diving operations are to be considered as companies with a particular business specialisation. However, time wages shall always apply in diving operations. Time wages may be applied for the entire company s operations. Agreement that all or part of a company s operations are to be considered as diving operations shall be reached between the employer and the Byggnads region where the company has its registered office and applies to workplaces in all of Sweden. A new agreement is not required for established companies that conduct diving operations. 5(8)

6 4.6. Wages for diving work for divers who complete industrial training Divers who complete industrial training are entitled to at least a basic wage as follows; Traini ng Dist. SEK/hour SEK/month Year Year Year Year Year Year, ,84 6,4 6,85,65, Year = from March 0 to March 04 Year = from April 04 to March 05 Year = from April 05 to March ,05 7,600 8,48 Appendix H, The vocational training agreement is applicable Wage according to training and occupational certificate After approved school-based training or completed industrial training with approved distance education equivalent to,00 hours, divers are entitled to at least a basic wage as follows; Compet ency dive time * Dist. SEK/hour SEK/month Year Year Year Year Year Year ,70 8,857 9, ,47,6, ,60 5,4 5,96 * Dive time = time under water according to logbook Year = from March 0 to March 04 Year = from April 04 to March 05 Year = from April 05 to March 06 The diver together with his/her employer shall maintain a logbook of the diver s dive time, i.e. time under water. When the diver after completed training has completed 800 hours of dive time according to logbook, an occupational certificate shall be issued. Divers who after training as above, have worked 5,800 hours, but have still not reached 800 hours of dive time shall have a distribution of Diving supplement in connection with underwater work Divers shall, in addition to approved time wages, receive a diving supplement for dive time (time under water) as well as time for dressing and undressing, which is related to and directly connected to diving. In connection with diving using air, when the maximum exposure time for direct ascent according to tables valid at each time in the Swedish Work Environment Authority's statute book (AFS), a diving supplement shall also be payable for decompression time. Diving supplement for decompression is payable until the point of time when decompression is achieved at 50 per cent of the maximum time for the actual diving depth and at most until diving can be repeated or regular working hours cease. In connection with saturation diving, a special agreement is prepared. Saturation diving refers to diving where the body s tissue is satud with inert gas. Normal repeated diving shall not be classified as saturation diving. 6(8)

7 The dive supplement amounts to 47 per cent of the basic wage stipulated in item 9. item (40 x 0.47 = SEK 65.80/hour according to 0 ) Diver attendant Diver attendants who are not trained divers are to be considered as skilled or other workers in accordance with the rules in items and at least are entitled to a basic wage according to item 9. item and Transitional provisions The provisions in item apply in their entirety for divers who are employed from April 0 in order to complete industrial training. For divers who are employed before April 0 in order to complete industrial training, the provisions apply from September 04. The provisions in item apply in their entirety for divers who are employed from April 0 and who have completed approved school-based training or industrial training. For divers who are employed before April, the provisions apply from September 04. Transition to the new rules can occur at any time during the transition period. Transition to the new rules shall never result in reduced wages for the worker. 9. Wage table basic wage Dist. SEK/hour SEK/month Year Year Year Year Year Year. Skilled worker* ,60 5,4 5,96. Other workers Other workers ,47,6,85 Other workers ,05 7,600 8,48 Other workers ,80,57,96. Skilled* ,60 5,4 5,96 4. Other workers in companies with particular business specialisation Other workers S ,47,6,85 Other workers S ,05 7,600 8,48 Other workers S ,84 6,4 6,85 5. Cleaning staff Cleaning staff ,70 8,857 9,445 Cleaning staff ,80,57,96 6. Machine operators ,60 5,4 5,96 7(8)

8 Dist. SEK/hour SEK/month 7. Drivers and others ,4,886 4,60 8. Other operators ,47,6,85 9. Warehousemen and others ,4,886 4,60 Year = from March 0 to March 04 Year = from April 04 to March 05 Year = from April 05 to March 06 *The distribution is 0.88 for workers who hold occupational certificates and who participate in training within a further occupational field. In those cases where a basic wage shall be paid, the basic wage for skilled workers or those skilled in the trade is awarded. 9. Wage terms and conditions for apprentices 9.. Upper secondary school education Training Dist. SEK/hour SEK/month Year Year Year Year Year Year, ,98,89 4,59,00,799,800 4, ,66 5,086 5, ,84 6,4 6,85 4 4,0 5, ,70 8,857 9, ,50 6, ,47,6,85 Year = from March 0 to March 04 Year = from April 04 to March 05 Year = from April 05 to March Youth apprentices Training Dist. SEK/hour SEK/month Year Year Year Year Year Year, ,475 0,8,48,70,400,40 4, ,9,6, ,47 5,840 6, 8(8)

9 4 4,60 6, ,70 8,857 9, ,00 6, ,47,6,85 Year = from March 0 to March 04 Year = from April 04 to March 05 Year = from April 05 to March Adult apprentices Training Dist. SEK/hour SEK/month Year Year Year Year Year Year, ,84 6,4 6,85,60, ,05 7,600 8,48,0 4, ,70 8,857 9, ,50 5, ,47,6,85 Year = from March 0 to March 04 Year = from April 04 to March 05 Year = from April 05 to March Apprentices in companies with particular business specialisation (excluding floor laying) Upper secondary school education Training Dist. SEK/hour SEK/month Year Year Year Year Year Year, ,98,89 4,59,00, ,66 5,086 5,556,800, ,70 8,857 9,445 4,40 4, ,488 0,4 0,74 5 4,0 4, ,47,6,85 Year = from March 0 to March 04 9(8)

10 Year = from April 04 to March 05 Year = from April 05 to March Adult training Training Dist. SEK/hour SEK/month Year Year Year Year Year Year, ,84 6,4 6,85,0, ,70 8,857 9,445,0, ,47,6,85 Year = from March 0 to March 04 Year = from April 04 to March 05 Year = from April 05 to March Adult training scaffold builders Training Dist. SEK/hour SEK/month Year Year Year Year Year Year, ,84 6,4 6,85 4,60,50,5,00,0 4, ,05 7,600 8, ,70 8,857 9, ,47,6,85 Year = from March 0 until March 04 Year = from April 04 until March 05 Year = from April 05 until March 06 Transitional provisions The provisions in item apply in their entirety for scaffolding apprentices who are employed from October 04. For scaffolding apprentices who were employed prior to October, the provisions apply no later than from April 05. Transition to the new rules can occur at any time during the transition period. Transition to the new rules shall never result in reduced wages for the worker. 0(8)

11 9..5 Machine operators Upper secondary school education Training Dist. SEK/hour SEK/month Year Year Year Year Year Year,80, ,70 8,857 9,445,50 4, ,488 0,4 0,74 4,0 4, ,47,6,85 Year = from March 0 to March 04 Year = from April 04 to March 05 Year = from April 05 to March Adult training Training Dist. SEK/hour SEK/month Year Year Year Year Year Year, ,84 6,4 6,85,60, ,05 7,600 8,48,5, ,70 8,857 9,445 4,0 4, ,47,6,85 Year = from March 0 to March 04 Year = from April 04 to March 05 Year = from April 05 to March 06 4 CERTAIN ABSENCE AND TIME OFF PARENTS ALLOWANCE The provision is deleted. The rules on parents allowance in Section 4 item of the Construction Agreement ceased to apply on January 04 when the insurance on supplementary parents allowance agreed between the Confederation of Swedish Enterprise and the Swedish Trade Union Confederation (LO) and the Council for Negotiation and Co-operation (PTK) entered into force. Transition rules have been adopted by the Confederation of Swedish Enterprise, LO and PTK. For more information see (8)

12 7 RIGHT TO LEAVE Leave refers to short-term leave, which is compensated by current wage for not more than one day. However, in the case of a close relative's funeral, leave may also cover necessary (maximum two) days of travel. Leave may be granted in the following cases: Own wedding. Own 50th birthday. First visit to doctor and dentist in event of acute illness or accident and medical examination at the occupational health service following a letter therefrom. Visit to hospital or occupational health care centre following referral from company doctor (i.e. doctor in occupational health service or if there is none, another doctor) and not more than three repeat treatment visits prescribed by the doctor on account thereof or further referrals to another doctor or hospital. Decease of close relative. Funeral of close relative. Sudden case of serious illness affecting close relative living at home and affecting children who are not living at home and for whom the worker has a duty to support by law, however, not in those cases where the worker has the right to temporary parents' allowance. Husband/wife, cohabitants in marriage-like relationship and partners in a registered partnership, children, grandchildren, siblings, parents and parents-in-law and grandparents on father's and mother's side, are regarded as close relatives. If a worker is wholly or partly absent from work on account of a first time visit to a doctor because of acute illness or accident, which is not covered by industrial injuries insurance, the worker has a right to leave provided that the worker is not sick on the following day. If the worker is also sick on the following day, the first day constitutes a qualifying day, for which no leave shall be obtained. The request for leave shall be made as promptly as possible. The reason for the leave shall be confirmed in advance or, if this is not possible, afterwards if requested by the employer. 8 REDUCTION IN WORKING HOURS 8. Earning year Full-time employed workers who have worked the entire period April-March earn the right to a reduction in working hours of 7 hours per year. In the case of another degree of employment than full-time, a reduction in working hours is earned in proportion to this. For workers who do not work for the entire period, i.e. who start or finish their employment during the period or are absent for reasons not compensated by wages from the employer, the right for earning a reduction in working hours is calculated at /65 of 7 hours for every remaining day of employment. Deduction shall not be made for scheduled leave. Earned reduction in working hours shall be rounded off to the nearest whole number of hours. This rounding off occurs on March each year. Trade-union, unpaid, work under the Trade Union Representative Act shall not result in a lower reduction in working hours provided that the time off is limited to a maximum of 45 working days per earning year. A worker who received a lower reduction in working hours due to time off can compensate for this through overtime work. Thus overtime work qualifies for the purpose of a reduction in working hours. At the end of each earning year, the overtime work is used as a basis for the reduction in working hours. However, the reduction in working hours may never exceed the number of hours of reduction in working hours that the worker is entitled to when he/she works (8)

13 according to the amount of working hours prescribed under Section item. Such overtime work that is not used to increase the reduction in working hours may not be carried over to the next earning year. 6 TRAVEL ALLOWANCE AND DAILY ALLOWANCE FOR EXPENSES TRAVEL ALLOWANCE FOR DAILY JOURNEYS For daily journeys between the worker's permanent residence and the workplace outside of working hours, a travel allowance is awarded to the worker concerned in respect of a minimum distance from the residence of two () kilometres one-way commuting distance. Maximum compensation per day under ) and ) below, return journey between the residence and the workplace, may amount to not more than the daily allowance for expenses (at present SEK 0 per day). Travel allowance is awarded for commuting distance, under Section 6 item.5, as follows: ) For driving own car Payment is awarded for journeys between the worker's residence and workplace of SEK.85/km. ) For journeys with other means of conveyance than own car Compensation is awarded in respect of verified costs for general means of conveyance or standard amounts approved by the Swedish Tax Agency for other vehicles up to a maximum amount of SEK.85/km. (Under the Swedish Tax Agency's rules, a standard amount of /0 of the value of a season ticket (monthly card) per day is approved as a deductible expense for public transport). ) For car-pooling In the case of car-pooling, workers receive a car-pooling allowance* for commuting distances between the worker's residence and the workplace. The employer and worker concerned may reach a special agreement on another travel distance than the commuting distance. The driver receives compensation under ) above and carpooling allowance in addition to this for commuting distances between each passenger's residence and the workplace for each accompanying passenger in the vehicle of Each accompanying passenger receives a carpooling allowance for commuting distances between the passenger's residence and the workplace of SEK 0.60/km. SEK 0.60/km. * Car-pooling allowance is compensation for which the employer must pay social security contributions and make deductions for preliminary tax under legislation in force. The only change that was made in these provisions is that the of daily allowance for expenses of SEK 5 has been changed to SEK 0. This change was made in January 0 and by mistake was not included in the supplement for 0. (8)

14 4) Means of conveyance etc. which are provided by the employer For commuting distances where the employer provides the means of conveyance or if the travel expense is paid by the employer in another way, no compensation is awarded. Payment for return journeys in respect of commuting distance between the residence and the place where the vehicle provided by the employer collects the worker** is awarded of SEK.85/km. * The qualification limit of two kilometres in the first paragraph does not apply in this case.. Daily allowance for expenses Daily allowance for expenses including board and lodging is awarded of SEK 0 per day when an overnight stay has taken place at the location of assignment. If work is performed at the location of assignment and neither the worker nor the employer can arrange lodging within a ten kilometre radius of the workplace, temporary residence is put on a par with the above-mentioned permanent residence in Section 6 item. This means that the worker in such a case is entitled to travel allowance from the temporary residence to the workplace at the location of assignment. The amount of the daily allowance for expenses is reduced by 5 per cent when the employer provides free lodging under Section 6 item.4. 0 NEGOTIATING PROCEDURE IN LEGAL DISPUTES. Legal dispute regarding wages or occupational liability in certain cases Dispute about wages or other compensation under 5 MBL or a dispute regarding occupational liability, when the employer invokes exceptional reasons under 4 second paragraph MBL, shall be deemed to have arisen when the local trade union organisation has informed the employer in writing that the submitted opinion of the workers in a dispute situation which has arisen is supported by the organisation. If such a dispute has arisen, the local employer party shall request negotiation within ten (0) working days. The local employer party's obligation under 5 MBL to request negotiation in the event of a dispute within ten (0) working days, provided it relates to a dispute regarding payment for performance pay work under item..4 shall be deemed to be fulfilled, when the detailed description of the dispute has been delivered to the local trade union organisation with the wording that Negotiation is requested under 5 MBL. ADMINISTRATIVE RULES 4 SUPPLY OF FREE OVERALLS The employer shall provide workers with working clothes. If the worker needs to replace working clothes more often than once per year and can show that such a need is warranted, the employer shall supply additional working clothes. The working clothes supplied by the employer shall be used during working hours. Working clothes refers to work trousers, carpenter s shirt, unlined jacket and winter jacket. THE PERIOD OF VALIDITY OF THE AGREEMENT ETC. VALIDITY AND NOTICE OF TERMINATION. Period of validity of the Construction Agreement This agreement with appendices applies from March 0 until March 06. 4(8)

15 . Notice of termination The agreement applies after expiry of the duration of agreement for one () year at a time, if the agreement is not terminated for renegotiation at the latest two () months before expiry of the period of agreement. If termination for renegotiation occurs, the agreement continues to apply even after expiry of the period of agreement subject to seven (7) days' notice by either party. Notice to terminate the agreement may be given on March 06 at the earliest, with termination of the agreement seven calendar days thereafter. Termination shall be in writing and shall reach the opposing party no later than the final day prescribed for termination.. Premature termination If a party in connection with the main report on order and preparedness does not consider the programme group s results to be satisfactory, the party has the right to give notice to terminate the Construction Agreement as of March 04. Termination for this reason may occur during the period 5-8 February 04. The third year of the agreement may be terminated on 0 September 04 subject to six (6) months notice with termination on March 05. The provisions of item., are consequently not in force in connection with termination of the second and third year of the agreement, respectively. PROPOSAL FOR AMENDMENTS TO THE AGREEMENT Each party shall present its proposed amendments to the agreement within one () month after notice of termination of the agreement has been given. The parties shall exchange proposals concurrently, provided that the parties have not agreed otherwise in writing. The parties proposals shall constitute the basis for negotiations. APPENDIX A SPECIAL RULES FOR BORROWING AND LOANING OUT WORKERS BETWEEN COMPANIES SCOPE In the event of borrowing and loaning out workers within the scope of the Construction Agreement, the rules in Appendix A apply. Loaning out may only take place to employers that are bound by the Construction Agreement and the Road and Rail agreement. Borrowing may only take place of workers who are employed in companies that are bound by the Construction Agreement and the Road and Rail Agreement 4 SHORT-TERM BORROWING AND LOANING OUT Borrowing and loaning out may occur for not more than two () working weeks without observance of the rules in items 5-7 below. 5 LOANING OUT Loaning out shall be preceded by negotiation with the CD group/contact representative or if such are lacking, the local trade union concerned. The length of the loaning out period may not exceed (8) weeks. However, agreement on a longer loaning out may be reached with the local trade union concerned. Loaned out workers remain in employment and retain their place in the priority with the loaning out employer. Loaned out workers are entitled, where appropriate, to travel allowance or daily allowance for expenses. 5(8)

16 6 BORROWING Borrowing shall be preceded by negotiation with the CD group/contact representative concerned or if such are lacking, the local trade union concerned. Borrowed workers may not be further loaned out to another company. If a shortage of work arises during the borrowing period, borrowed workers shall be covered first by the reduction. APPENDIX A4 SPECIAL RULES FOR HIRING AND HIRING OUT LABOUR BETWEEN COMPANIES FORMS OF EMPLOYMENT Employment in staffing companies applies until further notice, unless otherwise agreed as follows. The rules in this provision (item ) replace the rules on forms of employment in Appendix A Sections, 4 and 5a (Agreement on Employment Protection). The staffing company and the worker may reach agreement on employment for a certain period. Such contract of employment shall be in writing and may not exceed six (6) months, but may amount to twelve () months if approved by the local branch within Byggnads. Such temporary employment may be terminated prematurely subject to 4 days' notice by either party. In addition to this, agreements under Appendix A may be reached for work as a substitute, work experience, vacation work and in connection with national service training. Agreement on new temporary employment as above may be reached after six (6) months from the latest conclusion of temporary employment. APPENDIX D SECTOR AGREEMENT ON RULES OF APPLICATION IN RESPECT OF SECTIONS 8-40 CO-DETERMINATION IN THE WORKPLACE ACT (976:580) (MBL) 4. Control of subcontractors and staffing companies Employers shall check that the subcontractors and staffing companies used fulfil the following conditions: a) Approved for Swedish corpo taxation b) Registered for VAT c) Certificate of incorporation d) Collective agreement for the work in question. Staffing companies shall be bound by the Construction Agreement. The collective agreement requirement does not apply for so-called "one-man firms" e) The company does not have any definite and overdue claims for wages or other remuneration. In addition to this, when using the services of contractor equipment companies and when such companies are arranged by a Machine centre under item 6, there is an obligation to check that the subcontractor and staffing company used fulfils the following conditions: f) That the machinery and equipment complies with what is prescribed in applicable laws and regulations g) That there is valid business insurance incorporating liability insurance h) That machine operators have occupational certificate/training manual for the machine in question A new item e) has been introduced which has led to consequential amendments in the notation of other items. 6(8)

17 6 CHAINS OF CONTRACTORS AND MAIN CONTRACTOR RESPONSIBILITY The main contractor under the provisions of this Appendix D is the first employer bound by the Construction Agreement under the developer. An employer that uses the services of a subcontractor in accordance with the provisions in sections and 4 shall ensure that the retained subcontractor undertakes to comply with the provisions of this Appendix D, if the subcontractor in turn uses the services of a subcontractor. An employer that is a subcontractor shall report to its client what subcontractor the employer has used. The employer shall also forward reports to the client that they have received from a subcontractor, which was used in turn by them. The party that is the main contractor according to the above shall compile the reports and prepare a list of what subcontractors they have used in the workplace and what subcontractors these parties have in turn used in the workplace (subcontractor list). The Byggnads Region, for the purpose of checking compliance with Appendix D, has the right to receive the information in the subcontractor list, showing what subcontractors are operating at the workplace within the scope of the Construction Agreement. The Byggnads Region is entitled to be able to see the list at the main contractor during a workplace visit not later than four working days after when a written request was received by the responsible production manager of the main contractor at the workplace. When a negotiation on a dispute according to Section 5 MBL arises and it becomes apparent that an employer does not have a collective agreement according to this appendix or refuses to negotiate or fails to fulfil its responsibility to keep available such audit documentation, which is required in order to able to assess whether the worker has received the correct salary and remuneration (Section item 0.), the Byggnads Region can make a request to the main contractor that the dispute should be the object of deliberation and investigation. The deliberation and the investigation, which should be conducted without delay, shall aim to clarify the dispute. The main contractor and Byggnads, where appropriate, shall actively work to help to obtain redress from the employer concerned. If the dispute is not resolved and it concerns a workplace where a member company of BI is a main contractor, Byggnads can call for a hearing of the dispute within 0 days by a special board, the Order and Fair Competition Board ( OFC Board ). The board is composed of a representative from the Swedish Construction Federation and a representative from Byggnads as well as an impartial chairman appointed by the parties together. The proceedings in the board shall be recorded in writing, be conducted without delay and concluded with a decision in which the board determines whether liability to pay exists for an employer or not. The claim which has been the subject of the board s decision shall be deemed to be finally settled between the parties. In the case that the OFC Board finds that a liability to pay exists, the liability shall be discharged without delay through the OFC fund established by the Swedish Construction Federation. After such payment, a right of recourse can be claimed in relation to the employer that according to the OFC Board s decision has a liability to pay or in relation to an employer that has breached their obligations in some other way under this appendix or their liability to pay by law. The OFC Board in its investigation of claims for wages and other remuneration, in those cases where the claims are not undisputed or the employer with the liability to pay is not bound by collective agreement with Byggnads, shall calculate and determine the liability to pay with regard to wages according to weekly working hours of 40 hours and hourly wages as if Section item 9. for skilled workers would be applicable. The liability to pay may relate to a maximum of weeks. 7(8)

18 APPENDIX K WORKING ENVIRONMENT AGREEMENT CO-OPERATION IN COMPANIES. Working environment activities and overall responsibility The employer is responsible by law and under this agreement for a safe and satisfactory working environment. Among other things, this means that the employer shall organise and plan the work so that workers are not subject to physical or mental stress that can lead to ill health or accidents. The need for working environment and rehabilitation activities varies between different companies depending on the company's size, type of operations and organisation. The management has the overall responsibility for working environment, adaptation and rehabilitation questions. Co-operation should take place on overall working environment, adaptation and rehabilitation questions with the CD member who has been entrusted with the task of dealing with working environment questions..4 Discussions on working environment questions If the safety representative, CD group/contact representative, or if such is lacking, the Byggnads region concerned, considers that the employer has not fulfilled its obligations under item. first paragraph, this should be promptly reported to the employer. The employer shall confer as soon as possible with the safety representative, CD group/contact representative or, if such is lacking, with the Byggnads region concerned about the measures that shall be taken. Minutes should be prepared of the discussions and verified by the parties. If agreement cannot be reached in the discussions, the parties, within 5 days (5) at the latest from the date the discussions concluded, shall together apply to the Swedish Work Environment Authority s supervisory office in the district for a final ruling on the issue. Failure to comply with the obligation to confer according to the second paragraph above, or not to implement measures jointly decided upon at such discussions or pursuant to a final ruling of the Swedish Work Environment Authority, constitutes a breach of the collective agreement. If the employer has been subjected to a penalty or other sanction under the Working Environment Act on account of such a failure, general damages shall not be payable. 4.4 Medical examination A medical examination shall take place at least every third year and if necessary include an individual plan of action. Medical examination refers e.g. to medical examination or creation of health profile with a fitness test. Workers who have turned 50 have the right to a medical examination once every year. The result of medical examinations at a group and any proposed measures should be reported to the employer. Newly employed workers, who have not undergone a medical examination during the past three () years, should undergo a medical examination within six (6) months from the start of the employment. APPENDIX L SPECIAL TERMS AND CONDITIONS FOR DIVING WORK The terms and conditions are deleted and are replaced by the terms and conditions in item (8)